Design Review Panel DRAFT REPORT March 1, 2012
Table of Contents 1. Introduction... 3 2. Report to Council... 3 3. Terms of Reference... 8 4. Design Review Panel Bylaw for the... 10 Page 2
Draft Report on Design Review Panel 1. Introduction This draft report contains three components: A draft report to Council about the Design Review Panel; A draft Terms of Reference for the Design Review Panel; and A draft bylaw establishing a Design Review Panel for the. The three components are set out below. 2. Report to Council In implementing the new Land Use Bylaw for the City Centre of the Regional Municipality of Wood Buffalo, it is recommended that Council establish a Design Review Panel to oversee the urban design elements of new developments. It is expected that with the new Land Use Bylaw there will be significant development in the city centre. With the volume and scale of development anticipated, it is important that with the new developments a high level of urban design quality is maintained. Design Review Panels have been established in many communities, including ones in Alberta, to help improve the quality of urban design. These panels review development applications based on principles of built form, design, context, building efficiency, public/private amenities, and other urban design considerations identified by the municipality. The committees are often made up of professionals including architects, landscape architects, planners, building engineers and artists, and sometimes community members. They are a committee of council, but can provide direct advice to the Development Officer. What is Urban Design? Urban design relates to the design of the city and all of its visible components. Specifically, it encompasses how the design of buildings and the spaces between them are co-ordinated over time to create an attractive, memorable and safe city. This includes a focus on appearance of the building, recognizing the effect that buildings have on their surrounding streetscapes, the skyline, and the city as a whole Page 3
Jurisdictional Review Major cities across Canada have Design Review Panels. The following table provides the basic characteristics of different Panels, including the number of members, citizen representation, term, frequency of meetings, and the geographic area they are responsible for advising on. City Name Authority # of Members Citizen Representation? Term Meetings Geographic Area Edmonton Calgary Vancouver Ottawa Toronto Edmonton Design Committee Urban Design Review Panel Urban Design Panel Urban Design Review Panel Design Review Panel Advisory committee of Council Advisory committee of Council Advisory committee of Council Advisory committee of Council Advisory committee of Council Maximum of 11 Maximum of 9 Minimum 13 Maximum of 10 Maximum of 13 Yes - one citizen at large No No, but one arts professional No, 1 heritage, 1 green tech No One Year, max. 6 Two Years Two Years Three Years Two Years Every 2 weeks Map in Bylaw - Gateway Blvd As needed Every 2 weeks Monthly, except August Certain DP areas, City Centre, BRZ, TOD areas City-wide, including civic projects Downtown, Mixed Use Centres 15 times / year Design Review Districts, Major public projects Uniqueness of Wood Buffalo Even though other municipalities have successfully implemented a Design Review Panel into their development process, it is not possible for Wood Buffalo to copy wholesale a committee structure and process implemented in those municipalities. At the current stage of its evolution, Wood Buffalo faces significant challenges in implementing a Design Review Panel, requiring a unique approach to establishing this important committee. These challenges include the small number of local design professionals that would be eligible to sit on the committee. As well, there are issues of conflict of interest that could limit some individual s involvement in decision-making related to specific developments. There is also a concern about the volume and scale of potential applications as the new city centre plan is implemented. This volume and scale could require more frequent meetings of the committees and a calibre of members familiar with large development projects. As well, the volume of applications may affect the processing and turnaround time as the Panel thoughtfully reviews each application. To respond to these and other concerns, this report provides and explains recommendations for the structure and process of the Design Review Panel. Page 4
Composition It is recommended that the Panel be made up of up to ten (10) urban design professionals, including architects, landscape architects, building engineers, planners, green-building experts, and artists. As it is anticipated that it may be difficult to identify that number of urban design professionals within the community, it is recommended that in order to ensure the high calibre of professional members are identified from across the country. It is also expected that conflict of interests may arise as the design professionals may be involved in projects in Wood Buffalo City Centre area. In those cases, the member will be required to remove themselves from the discussion on the particular application. Though there are up to ten (10) members of the Panel, due to the members being from outside Wood Buffalo it is expected that it will be difficult to get a large number of members to any one meeting. Therefore, the quorum for the Panel is set at three (3) members, but at least one shall have a background in planning, and one shall have a background in architecture, and shall include the Chair or designate. Mandate To review, based on Urban Design regulations, guidelines and applicable city planning bylaws, development permit applications located in Wood Buffalo s City Centre. Urban Design Principles The Urban Design Regulations and Guidelines will provide guidance to developers, the Design Review Panel and the Development Authority. The Urban Design Regulations are set out in Part 9 of the Land Use Bylaw. The Design Review Panel can also consider guidelines that do not form part of the Land Use Bylaw. Meetings Meetings are to be held monthly and such other times as the Chair considers necessary. It is intended that all meetings be held in Fort McMurray, but members may attend remotely (phone or video) or hold the meeting in Edmonton or Calgary due to unforeseen/extenuating circumstances. All meetings are open to the public. The Design Review Panel can accept written comments regarding an application. It will also take requests to speak to the Panel, however it will be at the Panel s discretion whether or not to allow a public delegation to speak. Page 5
Process The Design Review Panel will act in an advisory capacity to the Development Authority (the Development Officer) responsible for the City Centre area. While the Design Review Panel will not be delegated the authority of a development authority, it will be considered as a valuable and important part of the development approval process. In the process, the Development Officer reviews the application and presents the project to the Design Review Panel. The Panel will review the project following the application submission and will then make recommendations. The Development Officer will not have authority to approve a Development Permit in the City Centre area that does not follow the recommendations of the Design Review Panel. Council will also delegate authority to an officer (the City Centre Adjudicating Development Officer or CCADO) to make a decision on a Development Permit application if the Development Officer does not agree with the recommendations of the Design Review Panel The CCADO is not bound to follow the recommendations of the Design Review Panel The CCADO would be designated from year to year and would not be a specific position (not CAO, not Director of Planning ) but someone of Council s choice for a period of time. In the process, the Development Officer reviews the application and presents the project to the Design Review Panel. The committee will review projects following the application submission. In conjunction with the Development Officer, the two parties will aim to come to an agreement to approve, deny or request revisions to a proposal. If the Design Review Panel and Development Officer are unable to come to an agreement on the application, it will be referred to the Chief Administrative Officer for a decision. This recommended process will encourage consensus and compromises from all parties (developer [applicant], development officer, and panel) to come to an agreement. Figure 1: Design Review Panel process Application Design Review Panel Agreement Approved Denied Development Officer No agreement City Centre Adjudicating Development Officer From a process perspective, the Development Officer only has authority make a decision that agrees with the Design Review committee's recommendations. Of course, significant discussion would occur to arrive at a decision that both the Development Officer and the Design Review Committee can agree upon. If the Development Officer does not agree, then that Officer would not have authority to make the decision and the City Centre Adjudicating Development Officer would have the authority to do so. Page 6
Financial implications It is recommended that all expenses incurred by the Panel members (flights, accommodations, and incidentals), will be reimbursed by the City. As well, to ensure the best and brightest in the field choose to participate in the Panel, each member should be paid a per diem for their participation, if they travel to attend a meeting in person. It is recommended that that rate be set at $1,500 per day, and reviewed by Council on an as needed basis. Page 7
3. Terms of Reference Introduction Wood Buffalo is anticipating intense development activities in the city centre. Good urban design is a key element of long-term success of the downtown. The municipality has chosen to create an Urban Design Review Panel to review developments in the Downtown and Re-urbanization zone of the city, as well as larger buildings in the Neighbourhood Stabilization Zone and Recreation Zone. The Panel will review, from an urban design perspective, development permits for building and land within the Downtown Major Redevelopment Zone and the Franklin Avenue Re-urbanization Zone as set out in the City Centre Area Redevelopment Plan. It will also review applications for developments greater than 1000 m 2 in the Neighbourhood Stabilization Zone and the Recreation Zone. This focus on urban design includes the relationship between the building and the streets, parks and other spaces that make up the public realm. The Panel will make recommendations to the Development Officer regarding each application presented to them. Composition The Panel will consist of up to ten (10) members appointed by resolution of Council as follows: 1. Two members of a provincial accreditation association of architects with recognized experience in redevelopment of urban centres; 2. One member of the Canadian Association of Landscape Architects with recognized experience in redevelopment of urban centres; 3. One member of Engineers Canada and its provincial and territorial associations of professional engineers with experience in mechanical engineering and green buildings; 4. One member of the Canadian Institutes of Planners with recognized experience in redevelopment of urban centres; 5. One recognized professional artist, having specialized training or history of involvement in public art; and 6. Four professionals with recognized expertise in his or her field of urban design, architectural design, landscape design, green engineering, or public art. These members will be respected professionals in their field with experience with large developments, sustainable building practices and good urban design. No member of Council may be a member of the Design Review Panel. Expectation Panel members are expected to: Understand the Panel s mandate, the Design Review Panel Bylaw, principles of urban design, and the Land Use Bylaw; Page 8
Actively participate in Panel meetings by reviewing materials and prepare for meetings, participate in discussion and decision-making, and honour decisions of the Committee; Work effectively with other Panel members, the citizens of Wood Buffalo, developers, design professionals and City staff. Compensation: When attending a meeting in person, members will have all expenses (flights, accommodations, and incidentals) reimbursed by the City, as well as a per diem of $1,500 per day. Term: 3 year terms Meeting: Monthly Quorum: 3 members attending, but at least one needs to have a background in planning, and one needs to have a background in architecture, and shall include the Chair or designate. Appointed by: Council Reports to: Development Officer Page 9
4. Design Review Panel Bylaw for the Part 1 Enactment and Interpretation 1. Title This bylaw will be cited as the Design Review Panel Bylaw 2. Purpose a. The purpose of this bylaw is to establish the Wood Buffalo Design Review Panel and to prescribe powers, duties, functions, structure and procedures. 3. Application The provisions of this Bylaw apply to all land and buildings within the boundaries of the Downtown Major Redevelopment Zone, the Franklin Avenue Re-urbanization Zone, the Neighbourhood Stabilization Zone, and the Recreation Zone as set out in the Figure 1. 4. Effective date This Bylaw comes into effect upon the date of its third reading by Council and signature by the Mayor and the Regional Clerk. 5. Definitions In this bylaw, unless the context requires otherwise: a. Chair means the person who has been chosen pursuant to section 9 as head of the Committee; b. Municipality means the municipal corporation of the Regional Municipality of Wood Buffalo; c. Committee means the Design Review Panel; d. Council means the municipal council of the Regional Municipality of Wood Buffalo; e. Urban Design means the design of the city and all its visible components; it addresses how buildings and the spaces between them are integrated and designed together over time to create an attractive and safe city. Page 10
Part 2 Establishment and Functions 6. The Wood Buffalo Design Review Panel is hereby established as a committee of Council to improve the quality of Urban Design in the. 7. Subject to the provisions of this bylaw and all other City, Provincial, or Federal laws, the Committee will: a. Accept submissions and provide recommendations on development permit applications; b. Review, from an Urban Design perspective, development permit applications within the Downtown Major Redevelopment Zone, the Franklin Avenue Reurbanization Zone as set out in Figure 1. c. Review, from an Urban Design perspective, development permit applications for development that exceed 1000 m 2 within the Neighbourhood Stabilization Zone and Recreation Zone as set out in Figure 1. d. Advise the Development Officer on the Committee s recommendations Part 3- Structure and Procedures Structure 8. The Committee will consist of up to ten (10) members appointed by resolution of Council as follows: a. Two members of a provincial accreditation association of architects with recognized experience in redevelopment of urban centres; b. One member of the Canadian Association of Landscape Architects with recognized experience in redevelopment of urban centres; c. One member of Engineers Canada and its provincial and territorial associations of professional engineers with experience in mechanical engineering and green buildings; d. One member of the Canadian Institutes of Planners with recognized experience in redevelopment of urban centres; e. One recognized professional artist, having specialized training or history of involvement in public art ; and, f. Four professionals with recognized expertise in his or her field of urban design, architectural design, landscape design, green engineering, or public art. 9. The Committee will annually select from its members, a Chair and one or more Vice- Chairs. 10. Committee members will be appointed for three year terms for a maximum of six (6) consecutive years. 11. Notwithstanding any other provision in this bylaw, Council may in its discretion extend a Member s final term for any length of time it deems appropriate. 12. If one or more positions on the Committee is not filled or becomes vacant, the Committee may continue with fewer members. Page 11
13. Members shall be paid a per diem for meetings they attend in person and reimbursed for expenses at a rate to be fixed by Council. 14. The Committee may request Council to terminate the appointment of any member who is absent for three consecutive meetings unless the absence is authorized by resolution of the Committee. Meetings 15. The Committee will meet monthly and such other times as the Chair considers necessary. 16. The Committee will meet at the call of the Chair or on a schedule approved by the Committee. 17. Members will be given at least five (5) days written notice of a Committee meeting. 18. Quorum for the Committee is three (3) members, but at least one shall have a background in planning, and one shall have a background in architecture, and shall include the Chair or designate. Procedures 19. Subject to this Bylaw, the Committee will follow the procedures prescribed by Bylaw ####, Procedures and Committees Bylaw. 20. Agenda and submissions will be distributed and sent to Committee members at least five (5) business days prior to a meeting. 21. At the review of an application: a. The Development Officer or the planner will introduce the matter to the Committee; b. The Applicant will have five (5) minutes to speak; c. The Committee may vote to allow any other person up to five (5) minutes to speak; d. Every member of the Committee will have five (5) minutes to ask questions. 22. In reviewing the application, the Committee may consider written comments regarding an application. 23. In reviewing an application, the Committee may consider requests to speak to the Committee; however, the Committee has the discretion to decide whether or not a person will be allowed to speak. 24. Any member of the Committee may move: a. A recommendation that the application be supported; b. A recommendation that the application not be supported; or c. A recommendation relating to Urban Design. 25. Only one motion can be on the floor at any time. 26. Each member will have five (5) minutes to speak to a motion. 27. The Committee may vote to allow a person to respond to a motion. 28. The Committee may vote to extend the period a person is allowed to speak. 29. A motion is lost when the vote is tied. Page 12
30. The Committee may pass or defeat more than one motion on any submission. Part 4- Finance and Administration Finance and Administration 31. A budget for expenses arising from the operation of the Committee in the administration of this bylaw will be submitted to Council for approval. 32. The budget shall be prepared and presented to Council by the Planning and Development Department, in consultation with the Committee. Page 13